The Shock and Awe of Immigrant Deportations

They left Colombia to escape violence hoping to legally apply for asylum in the United States. Tthey were among the first to be deported by the Trump administration. It happened after five flights returned hundreds of Colombian migrants to their home country in the waning days of January, the Washington Post reported on Instagram.

 

As the new administration got into full swing, applying for asylum instantly became increasingly difficult. One way to halt applications was cutting off established and future appointments with CBP One, a mobile app that offered migrants a legal pathway to apply. Without that option still available, the Colombian family turned themselves in at the border hoping they could keep their scheduled appointment. Within days they were deported.

 

Another family, profiled on Instagram by Occupy Democrats last month involved three generations, a three-year-old child, her mother, and her grandmother, all American citizens from Puerto Rico who spoke fluent English when they were shopping in a Milwaukee store. Denied the chance to talk to an official they were taken to a detention center where the child was separated from her mother. When presented with birth certificates an officer released them.

An immigrant daughter who graduated from an Ivy League college and later earned a law degree, told a cable TV reporter that she received a call to bring her father to a government office because his green card was pending. He had lived in the U.S. for dozens of years, worked and paid taxes, and never been in trouble with the law so she had no reason to think he would encounter difficulties. But upon arrival the daughter was told to leave the room. When she refused, security escorted her out. When she returned, her father was gone – deported. 

Errors, cruel separations, and  entrapment is happening in many places. Children are separated from their mothers. People are followed home in their cars by ICE, identified perhaps by a woman wearing hijab or a dark-skinned man spotted in a grocery store. People who contribute to their communities, are vital to our economy, and never disobey the law are dragged away in front of their families. Many are victims of mistaken identity. Stories like these vary but they are similarly painful, heartbreaking and grievous.

Physician-writer Danielle Ofri, writing in The New York Times just after the January election, said that “Doctors and nurses [who are immigrants] should get ready for mass deportations. Patients are scared too. One patient who had multiple chronic health issues told Ofri that she was afraid of being picked up because she would not be allowed to take her medications “in the immigration camps.” She had stopped coming to the hospital for checkups because she was “scared ICE will be in train stations and bus stops.”

 

As horror stories mount individuals and families are going into hiding, clinging to their children who no longer go to school and who can’t seek healthcare. The price of eggs doesn’t compare to that kind of trauma.

Yet the Trump administration continues to cling to ideas that are built on myth, assumptions, stereotyping, racism and an appalling lack of understanding about what will happen if millions of hardworking, productive, honest, skilled and unskilled workers are forced out of the country.

 

Historical context is called for here. In 1980 Congress passed the Refuge Act which meant that people claiming political asylum had to meet a set of requirements to qualify for refuge or asylum.  But Ronald Reagan chose to view people fleeing political violence in Latin American as economic migrants, a designation that caused many applicants to be disqualified for asylum.

 

At about that time the government began resisting the sanctuary movement, especially in places of worship. In 1984 the Immigration and Naturalization Service, a predecessor to ICE, launched a full-scale investigation into the sanctuary movement and its leaders. Undercover agents were employed to collect evidence that religion was being used as a covert way to push a radical political agenda and to thus undermine immigration laws.

 

Soon, leaders of the sanctuary movement were charged with multiple counts of conspiracy to violate federal law. Not long afterwards, sanctuaries began spreading from churches to college campuses, local legislative bodies and state level protections and laws.

 

Now Donald Trump insists that sanctuary cities are havens of crime so overrun by dangerous immigrants that he needs to have an army of agents like ICE, the National Guard, and the military to control a plague of epic proportions perpetrated by people of color, poor people who have suffered unimaginable violence and persecution. That, of course, demands an expansion of “detention centers” which are, in reality, concentration camps where innocent people and families can languish for years.

 

“Many of these deportations threaten a range of fundamental human rights including the right to family unity, the right to seek asylum from persecution, the right to humane treatment in detention, the right to due process, and the rights of children,” Human Rights Watch points out.

 

These rights are being denied by an administration that is hell-bent on making America white again, run by cowards and oligarchs who suck up to and financially support a wannabe lifetime dictator.  But as Rebecca Solnit wrote in The Guardian, “The more we stand up, the harder it is for this authoritarian agenda to succeed, and the more uncomfortable we make it for those going along with the lies and cruelty, the harder it will be to persecute any single person who says what’s being done to immigrants is terrorism.

                                             

 Elayne Clift writes from Brattleboro, Vt. 

What is Title 42 and Why Should It Be Rescinded?

“A lot of girls cry. They have thoughts of cutting themselves,” a 14-year old Guatemalan girl told a Reuters reporter in June.  “I feel asphyxiated having so many people around me. There’s no one here I can talk to about my case, or when I’m feeling sad. I just talk to God and cry,” said another teenage girl from Honduras who was held in the Dallas convention center with 2600 other kids.

 It gets worse when you read press reports written over the summer. Kids in custody reported spoiled food, no clean clothes, sleeping on cots under glaring lights, drinking spoiled milk when there isn’t water. According to The New York Times a military base in El Paso detained youth who said they’d gone days without showering while in Erie, Pa, lice were rampant. In June roughly 4,000 unaccompanied children were being held by the Department of Health and Human Services (HHS), a step up from ICE detention, but still in facilities where press is not permitted.

 No one denies that growing numbers of immigrants seeking asylum in the U.S. present a difficult problem. The Biden administration understands and has worked to alleviate the suffering.  Still, the incarceration of children is inhumane. As Leecia Welch, a lawyer at the National Center for Youth Law, told The New York Times in June, “Thousands of traumatized children are lingering in massive detention sites on military bases or convention centers, many relegated to unsafe, unsanitary conditions.”

 That’s why there is growing outrage about the continuation of Title 42 as a deportation mechanism, used to keep immigrants out of the country by Donald Trump. President Biden promised to end it but is now allowing it to remain in place indefinitely.

  In a letter to the White House over 100 groups urged the president to rescind Title 42 expulsions charging that it violates U.S. refuge law and treaties and endangers people seeking protection at the U.S.- Mexican border  According to Border Report in Texas, the expulsions are not based on science and expose people being held to violence in Mexico.  

 Title 42 is one of 50 titles within the U.S. Code of Federal Regulations established in 1944 to move quarantine authority to the public health sector, but it was sometimes used to control immigration using public health as a rationale. Well before the Covid pandemic, Donald Trump’s advisor, Stephen Miller, suggested applying the Code to close the border to asylum seekers despite being told by lawyers they lacked the legal authority. Human Rights Watch (HRW) argues that “the expulsion policy is illegal and violates human rights,” and adds that “U.S. law gives asylum seekers the right to seek asylum upon arrival in the United States, even if seekers arrive without inspection prior authorization. U.S. Customs and Border Protection (CBP) is legally required to conduct screenings to ensure they do not expel people who need protection.”

 Yet since March 2020, CBP has carried out almost 643,000 expulsions using Title 42, without conducting required screenings, thus committing illegal “turnbacks”. In November a federal district court blocked use of Title 42 in the case of unaccompanied minors, but by the time the Biden administration vowed to end it over 13,000 kids had been expelled.

 Here’s the rub. These kids aren’t entering the U.S. with Covid.  They get it once they are held in detention because of overcrowding and unhygienic conditions in HHS and CBP facilities. Some children have died in detention.

 Along with children, pregnant women, some in labor, have been expelled along with LGBT people, who are particularly vulnerable to violence, even since President Biden took office, according to Human Rights Watch.

 HRW also states that “The Convention against Torture and the International Covenant on Civil and Political Rights (ICCPR), to which the U.S. is a party, prohibit expulsions or returns in circumstances where people would face a substantial risk of torture or exposure to other ill-treatment. Also, under U.S. law and the 1967 Protocol Relating to the Status of Refuges, to which the U.S. is party, the United States may not return asylum seekers to face threats to their lives or freedom without affording them an opportunity to apply for asylum and conducting a full and fair examination of that claim.” Nevertheless, by February this year CBP had carried out more than 520,000 expulsions, according to the American Immigration Council.

 Let’s be clear. No one risks their lives or suffers the unimaginable hardships of migration without compelling reasons that include crushing poverty, criminal gangs that kill people and abduct their children, devastating violence, hopelessness and more. (If you want to know what the journey is really like, read Disquiet by Zulfu Livaneli, or The Mediterranean Wall by Louis-Philippe Dalembert.)

 The United Nations holds that asylum-seeking children should never be detained. And still they come by the hundreds of thousands. That’s why the ACLU is moving forward with a lawsuit that seeks to lift the public health order for migrant families and unaccompanied children. As Lee Gelernt, ACLU’s lead lawyer says, “Time is up” for dealing with this human rights catastrophe.

 The kids cutting themselves as they weep couldn’t agree more.

 

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Elayne Clift writes about women, health, politics, and social justice from Saxtons River, Vt.